论法律行为的效力评价体系
发布时间：2018-09-06 17:11
【摘要】：我国现行法将法律行为不发生完全效力的情况三分为无效、可撤销和效力未定。这个体系的问题在于三分法并不全面,内部的区分标准不一致,无效和可撤销时有界限不清、后果不确定的情况。这些问题来自于三分法的历史形成过程。借助历史经验,解决方案是区分法律行为的利益设立和利益实现两个阶段的法律评价,前者判断法律行为是否有效,后者决定法律行为是否具体生效。有效和生效区分符合法律行为的私人自治性质和效力乃是法律评价这两个特点。基于该前提,一方面应简化无效和可撤销概念,使其成为法律行为有效与否的评价后果;另一方面,应该完善不生效力各个类型的研究,以处理无效、被撤销法律行为的后果。
[Abstract]:The current law of our country divides the situation that the legal act does not have full effect into invalid, revocable and undetermined. The problem with this system is that the three points are not comprehensive, the internal criteria of distinction are inconsistent, the boundaries of invalidity and revocability are unclear, and the consequences are uncertain. These problems come from the historical formation of the three-point law. With the help of historical experience, the solution is to distinguish the benefit establishment of legal act from the legal evaluation of interest realization. The former judges whether the legal act is effective or not, and the latter determines whether the legal act is effective or not. The distinction between validity and validity accords with the nature of private autonomy of legal act and its effect is the two characteristics of legal evaluation. Based on this premise, on the one hand, the concepts of invalidity and revocability should be simplified so as to make them the evaluation consequences of the validity or not of legal acts; on the other hand, the study of various types of ineffective and voided legal acts should be perfected to deal with the consequences of invalid and revoked legal acts.
【作者单位】： 中央财经大学法学院;
【分类号】：D923
，
本文编号：2227008
[Abstract]:The current law of our country divides the situation that the legal act does not have full effect into invalid, revocable and undetermined. The problem with this system is that the three points are not comprehensive, the internal criteria of distinction are inconsistent, the boundaries of invalidity and revocability are unclear, and the consequences are uncertain. These problems come from the historical formation of the three-point law. With the help of historical experience, the solution is to distinguish the benefit establishment of legal act from the legal evaluation of interest realization. The former judges whether the legal act is effective or not, and the latter determines whether the legal act is effective or not. The distinction between validity and validity accords with the nature of private autonomy of legal act and its effect is the two characteristics of legal evaluation. Based on this premise, on the one hand, the concepts of invalidity and revocability should be simplified so as to make them the evaluation consequences of the validity or not of legal acts; on the other hand, the study of various types of ineffective and voided legal acts should be perfected to deal with the consequences of invalid and revoked legal acts.
【作者单位】： 中央财经大学法学院;
【分类号】：D923
，
本文编号：2227008
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